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Asked 7/28/2010
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401K Forgery If a person forges their spouses signature in order to liquidate a 401K, is the company liable , in this case Fidelity, or does the spouse have to go after their spouse in court? |
Answer 1/2 - Submitted 7/28/2010
Answer 2/2 - Submitted 7/28/2010
Unless the account was in joint ownership, which is doubtful, the administrator for the plan is responsible to ensure that the plan's owner withdraws or terminates the plan. The only way a second person can legally withdraw the plan is with a court order or power of attorney. If the plan was administered by Fidelity, they are responsible for complaince and could be held accountable in a court of law.
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